Tag: AGC

  • K Shanmugam: AHPETC’s “Egregious Conduct” Must Be Punished

    K Shanmugam: AHPETC’s “Egregious Conduct” Must Be Punished

    A day after a High Court raised the red flag on the goings-on in Aljunied-Hougang-Punggol East Town Council (AHPETC), Law Minister K Shanmugam followed up with hard-hitting words for the Workers’ Party, which runs the town council.

    The scathing comments Justice Quentin Loh directed at AHPETC confirms his remarks previously that AHPETC’s town councillors had acted in an “unlawful” manner, said Mr Shanmugam, who is also Foreign Minister. He also zeroed in on the fact that the judge had highlighted AHPETC chairman Sylvia Lim’s misleading statements to Parliament about the financial transfers the town council was required to make.

    “I said in February, in Parliament, that the WP MPs’ conduct on AHPETC was unlawful. I said that several times. I choose my words carefully. This judgment confirms what I have said,” said Mr Shanmugam, who was giving his views on the court’s decision at the Ministry of Foreign Affairs today (May 28). “The judge was scathing about the town councilors and their conduct. He said that the chairman of the WP misled Parliament. It is very serious to lie in Parliament.”
    Today was not the first time Mr Shanmugam has, shorn of parliamentary privilege, described the WP town councillors’ conduct as unlawful. Parliamentary privilege refers to the legal immunity from any action in the courts for words spoken in the course of parliamentary proceedings. The aim is to allow Members to speak freely and frankly without fear of legal consequences.

    In an 80-page judgment released on yesterday, Justice Loh had said that AHPETC’s actions were “at the height of financial irresponsibility”, quoted Mr Shanmugam.

    The judgment underscores the fact that action should be taken over the “egregious conduct” of the AHPETC, he added, highlighting that the judge had said the conduct was “possibly criminal” and that the town council could be sued by residents and the Housing and Development Board.

    Mr Shanmugam said: “If this were to happen to a People’s Action Party town council, what do you think Singaporeans would be asking? If this were to happen to a public company, what do you think the shareholders would be saying? Is conduct like this responsible? Is the Government responsible if it just keeps quiet in the face of a judgment from the Supreme Court that says all these things?”

    The judge also noted that “it is clear there are grave and serious questions” in AHPETC, relating to its books and the validity and property of payments made to related parties.

    Calling for WP’s Secretary-General Low Thia Kiang and other AHPETC town councillors to take action, Mr Shanmugam said: “(They) have to explain what are they going to do to set right the situation? … What are they going to do to answer the ‘grave and serious questions’ that the court says has been raised? This is pretty serious.”

    Mr Shanmugam said MND will consult the Attorney-General’s Chambers on its next steps, but said the Government has a responsibility to pursue further action.

    Reiterating that the judgment concurs with the government’s position that AHPETC’s conduct “was bad … and actionable”, Mr Shanmugam said the judge was of the view that the Town Councils Act empower the HDB and residents, not MND, to seek legal action.

    “That is something the Attorney-General will advise us on, as to whether it is the correct interpretation, and what they should do about it,” he said.

    AHPETC could not be reached for comment today.

     

    Source: www.todayonline.com

  • AHPETC Court Hearing: MND’s Actions Not Part Of Political Dispute

    AHPETC Court Hearing: MND’s Actions Not Part Of Political Dispute

    The Ministry of National Development’s (MND) application to the courts to appoint independent accountants to safeguard government grants to the Aljunied-Hougang-Punggol East Town Council (AHPETC) is not a move as part of a “political dispute”, said its lawyers on Monday (May 4).

    Attorney-General’s Chambers Deputy chief counsel for litigation Aurill Kam, who is acting for MND, said that the Workers’ Party-run town council has “mischaracterised” MND’s actions by saying that it is action between the ruling People’s Action Party and the WP.

    Speaking at the start of a two-day hearing in the High Court, Ms Kam said that it is action between MND, which has regulatory oversight over the Town Council Act, and AHPETC, which is a statutory body.

    “This concerns obligations of a statutory body that is holding funds. The leadership of the town council being WP members is not the point. These are legal questions,” she said.

    The court hearing is the latest development following a report by the Auditor-General’s Office in February that flagged lapses in the town council’s books.

    STEPS TAKEN ‘INADEQUATE’

    On Monday, Ms Kam said that the steps taken to date following the report have been “inadequate”.

    She noted that AHPETC have appointed an external accounting firm Audit Alliance to look at their accounts, and financial consultants Business Assurance to review their processes.

    But she pointed out that Business Assurance – a sole proprietorship that was set up last February – does not appear to have the necessary expertise to advise on or carry out reviews, and does not appear to have a good understanding of town council operations.

    “There is no evidence that the town council has sought help from professionals with good track records,” she added.

    Earlier, the court heard that AHPETC had enough funds to last until June this year – but this would be premised on them not making transfers to the town council’s sinking fund. Quarterly transfers to the sinking fund are mandatory – and the money is used for long-term estate maintenance.

    Before heading into the courtroom on Monday morning, town council chairman Sylvia Lim said she would not be able to comment further as the case was before the courts, but added that the town council would be mounting a “vigorous defence”.

    “We are doing this in the interest of our residents, and we believe this court case is wholly unnecessary,” she said.

     

    Source: www.channelnewsasia.com

  • 14 Year Old Charged With Raping 16 Year Old To Be Trialed As Adult

    14 Year Old Charged With Raping 16 Year Old To Be Trialed As Adult

    A 14-year-old boy who has been charged with raping a 16-year-old at a lift lobby will be tried as an adult.

    Believed to be the youngest to be tried for rape in Singapore’s High Court, the boy is also accused of molesting a 21-year-old woman.

    He was first charged in the Juvenile Court – which has since been renamed the Youth Court – last July for offences such as snatch theft and housebreaking.

    But while out on bail, on the night of Oct 3, the teenager allegedly grabbed the buttocks of a woman at the staircase of a block of flats. On Nov 21, he allegedly raped a girl twice, once after threatening to take out a knife if she did not lie down. He also allegedly violated her with his finger and a comb.

    Bail was revoked after the teen was arrested for rape that month. He now faces two counts each of rape and of sexual assault by penetration of the 16-year-old.

    Each charge carries a maximum of 20 years in jail and caning. His case has since been transferred to the High Court, which has wider sentencing powers and can impose corporal punishment on a person aged between 14 and 16. If the boy is convicted, he can be caned, but with a light rattan.

    A spokesman for the Attorney-General’s Chambers (AGC) said the offences of rape and sexual assault by penetration can be tried only in the High Court. The AGC applied for the remaining charges to be transferred so they can be dealt with together.

    The boy also faces some less serious charges. On June 20, 2013, he and accomplices allegedly stole an electric shaver, some perfume and manicure tools from a unit at Redhill Close.

    Last July, he allegedly received a stolen ez-link card and he and his accomplices allegedly broke into a flat in Redhill to steal $300 and cigarettes. The next day, they allegedly stole a mobile phone, cigarettes, a wallet and $1,500 from the same victim. Hearing dates have yet to be set for his plea to be taken.

     

    Source: www.straitstimes.com

  • AGC Warns Public Comments On Case Of Three Singaporeans Arrested During Thaipusam Is Sub Judice

    AGC Warns Public Comments On Case Of Three Singaporeans Arrested During Thaipusam Is Sub Judice

    In the wake of the arrest of three Singaporeans for various offencesallegedly committed during a Thaipusam procession on Feb 3, the Attorney-General’s Chambers on Wednesday (Feb 11) issued a reminder warning against public comments, including on the Internet, as such statements may be sub judice contempt of court.

    The accused face various charges, ranging from disorderly conduct to voluntarily causing hurt to a police officer. The three – Ramachandra Chandramohan, 32, Jaya Kumar Krishnasamy, 28, and Gunasegaran Rajendran, 33 – are out on bail and will appear in court again on Mar 6.

    Said the AGC in a press release on Wednesday: “As criminal proceedings are currently before the Courts, we would like to remind the public that statements made may be sub judice contempt of court, if the statements are calculated to affect the judicial process and there is a real risk of prejudice being caused to the ongoing proceedings.”

    Under sub judice laws, commenting on a case being considered by the court may be considered interference with due process.

    “All parties are advised to refrain from making any public comments, or posting any statements on the Internet on these matters which may have that effect, pending final determination of the legal proceedings by the Courts,” the AGC added.

    “The Attorney-General’s Chambers takes a serious view of statements made which are calculated to interfere with the integrity of the administration of justice. Anyone who has information on the case should send it to the Police.”

     

    Source: www.channelnewsasia.com